David P. Eby
Shareholder

Biography

David is a shareholder of the firm and serves as the Chair of the Probate Litigation Practice Group. He represents individuals, families and institutions in the Superior and Circuit Courts of New Hampshire in matters involving trusts, guardianships, will contests, powers-of-attorney and other disputes related to the transfer of wealth. David routinely handles cases involving financial exploitation of the elderly, and guardianship, and has given numerous seminars on these, and other, topics. Complimenting his work in the Probate Litigation arena, David represents individuals in divorce and custody matters and is a member of the firm’s Family Law Practice Group. In addition, David represents companies and individuals in a broad range of commercial and business litigation matters, including ERISA litigation, property easement matters and general business and contract claims.

In all of his cases, David takes a broad view of the dispute at hand, taking time to acknowledge the important dynamics of the disputing parties and to recognize that the best representation requires a full understanding of not only the legal and factual issues but also the business, economic and emotional issues of any case.

David serves as mediator in New Hampshire's Superior Court Rule 170 Mediation Program. He brings his mediation training and experience to each litigation matter he handles.

EDUCATION:

University of California, Davis, School of Law, Juris Doctor, 1993
Georgetown University, Bachelor of Arts, 1989

Representative Matters

• Represented Trustee in multi-million dollar dispute over Trust access and asset.
• Represented non-profit beneficiaries in a successful challenge to and termination of a charitable trust.
• Represented family members on numerous occasions in challenges to wills on grounds of lack of mental capacity and undue influence.
• Represented disinherited spouse in action to assert spousal claim and challenge to will.
• Represented beneficiary of trust, challenging actions of the trustee.
• Represented individuals seeking an accounting by an attorney-in-fact under a durable power of attorney document.
• Represented trust company against claims of mis-management.
• Represented municipality in pension claims and represented individuals in various pension claims under the Federal ERISA statute.
• Represented Plaintiffs in ERISA class action suit, securing a $2.4 million settlement for the benefit of the class.
• Represented land owners regarding various easement rights and covenant issues before the New Hampshire Superior, Probate and Supreme Courts.
• Represented individuals in numerous divorce matters, including parenting responsibility and support issues.
• Represented businesses and business owners in numerous breach of contract and breach of fiduciary duty claims.

Professional Affiliations

• New Hampshire Bar Association
• Manchester Bar Association

Awards & Honors

• BV® Rating, exemplary rating by Martindale-Hubbell

Speaking Engagements

• "Guardianship: Nuts and Bolts", NH Health Care Association Seminar, September 30, 2010
• "Show Me the Money and Financial Exploitation of the Elderly", NH Health Care Association Seminar, May 6, 2009, Merrimack County Nursing Home
• "Recent Developments in Employment Law and Family Law: What Employers Need to Know" - October 19 and 31, 2007
• New Hampshire Healthcare Association: "Financial Exploitation of the Elderly," The Courtyard Marriott, Concord - September 13, 2006
• "New Hampshire Healthcare Association: Guiding End of Life Care," Geriatric Education Conference - June 27, 2006
• "Financial Exploitation of the Elderly," Riverwoods at Exeter - March 23, 2006
• "Financial Exploitation of the Elderly," Charter Trust Company - May 2, 2006
• "Financial Exploitation of the Elderly," Half-Day Seminar, CR Sparks, Bedford, New Hampshire - November 2, 2005

Community Involvement

• CASA (Court Appointed Special Advocates) of New Hampshire "Snowfest" Fundraising Committee Member (2006 through 2011)
• St. Elizabeth Seton Catholic Church - - Pastoral Council Member (2004 through 2008)
• Greater Manchester Habitat for Humanity, former President, Board of Directors
• Georgetown University Admissions Representative

Publications

• "On The Front Lines:  Battling Financial Exploitation Of The Elderly", May 27, 2011
• "Mediation in Probate Litigation Matters", June 2010
• "Same Gender Marriage and Probate Law", February 2010
• "Burden of Proof in Undue Influence Cases", September 2008
• "Anna Nicole Smith & Estate Litigation - The Saga Continues", March 2008
• "The Disinherited Spouse," November 2007
• "Show Me The Money! Anna Nicole Smith And Probate Litigation", April 17, 2007
• "Burke v. Bunny’s Superette: When Can You Undo A Hijacked Will?", May 16, 2007
• "Preventing and Remedying Financial Exploitation of the Elderly", NH Bar News, October 6, 2006
• "The Therapist-Client Privilege In Child Custody Disputes: Understanding the Berg Decision", Networker - Newsletter of the NH Psychological Association, January 2006
• "Trustee Obligations: Avoiding Beneficiary Lawsuits", CPA Connection, April 2005

Bar Admissions

• New Hampshire
• California